Central Idea

Ahead of a religious procession, a few people were taken into preventive custody (preventive detention) in Haryana.

What is Preventive Detention?

Arrest occurs when an individual is charged with a crime.
Preventive Detention involves detaining individuals to prevent them from engaging in actions that could disrupt law and order, without them being charged with a specific crime.

Detention without Magistrate’s Order: Police officers can arrest individuals without a magistrate’s order or warrant if they suspect potential criminal behavior.
Preventive Detention Law, 1950: This law permits arrest and detention if an individual’s freedom threatens national security, foreign relations, public interests, or the country’s well-being.
Unlawful Activities Prevention Act (UAPA), 1968: UAPA empowers the state to imprison individuals who question Indian sovereignty territorially or belong to organizations declared illegal.

Article 22(1) and 22(2): These constitutional provisions ensure that arrested persons are informed of the charges, can seek legal representation, and are presented before a magistrate within 24 hours.
Article 22(3): However, these safeguards do not apply to enemy aliens or persons arrested under specific laws for preventive detention.

Increasing Trend: The NCRB report reveals a surge in preventive detentions, with over 24,500 individuals detained at the end of 2021 – the highest number since 2017.
National Security Act (NSA): Among these detentions, over 483 were under the National Security Act, with almost half still detained by the end of 2021.
Historical Perspective: In 2017, 67,084 people were detained preventively, out of which 48,815 were released within six months, while 18,269 remained in custody.

Increasing cases: The number of preventive detentions has been rising since 2017, with a significant surge in 2021.
Supreme Court’s Stand: The Supreme Court has emphasized that preventive detention is only justifiable to prevent public disorder and should not replace ordinary laws for maintaining law and order.
Balancing Civil Liberties: While preventive detention serves to curb anti-social and subversive elements, concerns arise about potential abuse, arbitrariness, and violations of civil liberties.